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Employment Law
Discrimination
Uniformed Services Employment and Reemployment Rights Act of 1994

Miguel Orozco Garduno v. Titan Laboratories Inc., Harvey Berger

Published: Sep. 17, 2011 | Result Date: Jan. 18, 2011 | Filing Date: Jan. 1, 1900 |

Case number: C10-05281 Settlement –  $21,000

Court

USDC Northern


Attorneys

Plaintiff

Thomas E. Perez


Defendant

Daniel Kaylor


Facts

The Justice Department filed a lawsuit on behalf of U.S. Army reservist Miguel Orozco Garduno (Orozco) against Titan Laboratories Inc. and its owner, Harvey Berger for willfully violating the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by discriminating against and failing to reemploy Orozco after he returned from military leave. The complaint alleged that Titan and Berger terminated Orozco's employment because of his military obligations and hired a replacement who did not have such obligations. Orozco was denied reemployment after he had completed his honorable military service and requested reemployment.

Result

The settlement called for a $21,000 payment to Orozco in back pay.


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